KISSELL AND GRAHAM (24) .

Read 1st time January 30, 1997 and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L1236.01I

AN ACT

To repeal section 302.302, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 302.302, RSMo Supp. 1996, is repealed and two new sections enacted in lieu thereof, to be known as sections 302.302 and 1, to read as follows:

302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1) Any moving violation of a state law or county or municipal

traffic ordinance not listed in this section, other than a violation of vehicle

equipment provisions 2 points

(except any violation of municipal stop sign ordinance where no accident

is involved 1 point)

(2) Speeding

In violation of a state law 3 points

In violation of a county or municipal ordinance 2 points

(3) Leaving the scene of an accident in violation of section

577.060, RSMo 12 points

In violation of any county or municipal ordinance 6 points

(4) Careless and imprudent driving in violation of subsection 4

of section 304.016, RSMo 4 points

In violation of a county or municipal ordinance 2 points

(5) Operating without a license after suspension or revocation and prior

to restoration of operating privileges which have been suspended

or revoked 12 points

(6) Obtaining a license by misrepresentation 12 points

(7) For the first conviction of driving while in an intoxicated condition

or under the influence of controlled substances or drugs 8 points

(8) For the second or subsequent conviction of any of the following

offenses however combined: driving while in an intoxicated condition,

driving under the influence of controlled substances or drugs or driving

with a blood alcohol content of ten-hundredths of one percent or

more by weight 12 points

(9) For the first conviction for driving with blood alcohol content

ten-hundredths of one percent or more by weight

In violation of state law 8 points

In violation of a county or municipal ordinance 8 points

(10) Any felony involving the use of a motor vehicle 12 points

(11) Knowingly permitting unlicensed operator to operate

a motor vehicle 4 points

(12) Eluding a law enforcement official by use of a motor vehicle pursuant to section 1 of this act 12 points

2. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

3. When any of the acts listed in subdivision (2), (3), (4) or (7) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (7), (8) and (9) of subsection 1 of this section, no person shall be tried or convicted for more than one offense under subdivisions (7), (8) and (9) of subsection 1 of this section for offenses arising out of the same occurrence.

4. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation under subdivision (1), (2), or (4) of subsection 1 of this section or under subsection 2 of this section. For the purposes of this subsection, the driver improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety under sections 302.133 to 302.138. The completion of a driver improvement program or a motorcycle rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and must be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction under the provisions of this subsection shall, within fifteen days after completion of the driver improvement program or motorcycle rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

Section 1. 1. A person commits the crime of eluding a law enforcement official by use of a motor vehicle if such person:

(1) Operates a motor vehicle after receiving a visual or audible signal, such as a red light or a siren, from a law enforcement official driving a motor vehicle, clearly marked as an official law enforcement vehicle, directing the person to bring the motor vehicle to a stop where such law enforcement official has probable cause to believe a crime has been committed; and

(2) Purposely increases the speed of the motor vehicle or extinguishes the lights of the motor vehicle for the purpose of eluding such law enforcement official; or

(3) Purposely attempts in any other manner to elude the law enforcement official; or

(4) Does elude such law enforcement official.

2. Eluding a law enforcement official by use of a motor vehicle is a class A misdemeanor, unless in the course of eluding or attempting to elude a law enforcement official by use of a motor vehicle, such person causes serious physical injury as defined in section 565.002, RSMo, to any other person, in which case, the offense is a class D felony.

3. Nothing in this section shall be construed to bar civil suits for unlawful arrest.

4. As used in this section, "law enforcement official" means anyone defined as a peace officer in section 590.100, RSMo.
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